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Robicheaux et al. – Our Day in Federal Court

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Marriage Equality has swept the land over the last year since the ruling in Windsor vs. The United States. This week was no different with the striking of the Indiana ban and the 10th Circuit upholding a lower court’s decision in the Utah case.  Another case went to Federal Court this week – our very own little case here in Louisiana.

If you’ve been paying attention to my articles and following us, you’ve seen this little case evolve over the past 11 months. 

On Wednesday June 25th 2014, my husband and I woke up and did our morning routine. This morning would be a little different, we weren’t preparing for work, or to go on an outing.  We were preparing for Federal Court; the day had finally come for Louisiana’s equality case to go on trial.

As we entered the court room, which was filled to capacity with an overflow room next door, there was much chatter among the people, giving their opinions one way or another on what they thought the judge would say or ask. The feeling in the courtroom was one of excitement, but yet some caution. We felt the supporting vibe that was all around us and that would continue to follow us throughout the entire day.

Judge Feldman took his seat; he carefully explained what he expected in his courtroom. Feldman referred to the case as one of “insatiable national interest” and would not tolerate any outbursts. From the get go, the man commanded a certain kind of respect that, like him or not, you appreciated. Let me just say for the record, I like the man and highly respect him.

The judge allotted 30 minutes to each side. So the volleying of tennis match begins. The judge asked his questions, often times joking with the attorneys about needing whiskey in their cups instead of water — Because that’s how we roll in the Big Easy.

Feldman went on to say - 

“I wonder if the constitutional rights of the person in Windsor are properly defined as being the same rights as here today. Windsor basically said the federal government could not discriminate against New York. May or may not Louisiana do what the federal government cannot do itself?”

Feldman drilled his questions and statements out in commanding fashion, “I accept the fact the plaintiffs have a sense of having a grievance. The issue before the court is if that grievance rises to constitutional dignity.”

As the defense took the podium to hammer their side, the judge asks of Kyle Duncan, the lawyer from the attorney general’s office who represented the state: “There are 13 district courts that disagree with you. Why are you right? And keep in mind I mentored some of those judges.”

That state argued that in Windsor (the state only quoted from seven pages as their defense,) Kennedy wrote that the state of New York had a constitutional right to have its voters choose whether to have same-sex marriage and that the government could not interfere with that. Voters and Louisiana also had that same right when they put the marriage ban in place, according to Duncan.  While we disagree, the question will come down to does it violate federal constitutional rights?

After the arguments, the judge pulled something that I see daily as I watch Days of Our Lives. Originally it was decided by all parties, mainly Feldman, that the only section of the lawsuit that would be handled in this hearing was recognition of the out of state marriages, leaving the in state marriage question and the 1st amendment question to a later time. But Judge Feldman stated he did not want to “piecemeal” this decision.  “I feel uncomfortable resolving some issues one way or the other and not all issues one way or another,” explained Feldman.

Overall we are happy with that decision, giving the chance for every LGBT couple currently residing in Louisiana the opportunity to marry in their home. To deal with this issue, the judge brought counsel for all parties into his chambers. 

The ultimate decision is that Judge Feldman wants more briefs from the parties that will be due in 21 days. He will then decide if he wants replies from each side and then another oral argument session. In my opinion, and it’s my opinion only, I don’t think he will call for more arguments, everything was said today in court. I am taking a stab, but I believe that he will rule on this case sometime in mid to late August or early September. There is a lot of precedence out there for him to look at with all the other favorable district court rulings, not to mention a favorable higher court ruling in the 10th Circuit Court of Appeals that came down while we were in court.

We pray for a favorable ruling, and feel good about our day in court.  However the ruling comes out, we expect the state to appeal, and we will definitely appeal a non-favorable ruling. We have come too far on this path to stop now! On behalf of my husband and I, and all the other plaintiffs, I’d like to say thank you to everyone who has sent us words of encouragement, and has supported us from day one. You don’t know what it means to have those positive things flow into our email boxes and on face book, we see a lot of negativity out there so it’s nice to see your support and love– To keep up with our case please like our Facebook page and navigate to our website.

 

 

bio.jpgDerek Penton-Robicheaux, 36, is a native of Mississippi and a longtime resident of New Orleans.  He holds degrees in computer information systems and paramedicine.

 After more than five years together, Derek and his husband, Jonathan Penton-Robicheaux, were legally married in Iowa on Sept. 23, 2012. The two are the first plaintiffs involved in the Federal Same-Sex Marriage Lawsuit in Louisiana, Robicheaux et al. v Caldwell.

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OPINION

Trump Complains He’s ‘Not Allowed to Talk’ as He Gripes Live on Camera

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April 23, 2024

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At the end of another short courtroom day that required barely three hours of Donald Trump’s time, the ex-president spoke to reporters inside Manhattan’s Criminal Courts Building to complain about a wide variety of perceived and alleged wrongs he is suffering, including, not being “allowed to talk.”

The ex-president’s presence was required only from 11 AM until just 2 PM. Judge Juan Merchan is overseeing Manhattan District Attorney Alvin Bragg’s prosecution of the ex-president in a case that has already drawn a straight line through the “hush money” headlines to correct them to alleged criminal conspiracy and election interference.

Judge Merchan, for nearly two hours Tuesday morning, heard prosecutors’ allegations that Trump has violated his gag order ten times, and heard defense counsel’s claims that he had not.

It did not go well for the Trump legal team, with Judge Merchan toward the end of the hearing, during which no jurors were allowed, telling Trump lead attorney Todd Blanche, “You’re losing all credibility.”

READ MORE: Biden Campaign Hammers Trump Over Infamous COVID Comment

During the day’s hearing, jurors heard prosecutors’ lead witness, the former head of the company that publishes the National Enquirer tabloid, David Pecker, explain how he was working to help the Trump campaign.

“David Pecker testifies that, following his 2015 meeting with Trump and [Michael] Cohen, he met with former National Enquirer editor-in-chief Dylan Howard,” MSNBC’s Kyle Griffin reports. “Pecker outlined the arrangement and described it as ‘highly private and confidential.’ Pecker asked Howard to notify the tabloid’s West Coast and East Coast bureau chiefs that any stories that came in about Trump or the 2016 election must be vetted and brought straight to Pecker — and ‘they’ll have to be brought to Cohen.’ Pecker told Howard the arrangement needed to stay a secret because it was being carried out to help Trump’s campaign.”

Trump did not discuss any evidence against him with reporters, but he did complain about the gag order. And President Joe Biden. And the temperature in the courtroom. And his apparent attempt to stay awake, which has been a problem for him almost every day in court.

“We have a gag order, which to me is totally unconstitutional, I’m not allowed to talk but people are allowed to talk about me,” Trump told reporters, emphasizing the last word in that sentence.

“So they can talk about me, they can say whatever they want, they can lie. But I’m not allowed to say anything, I just have to sit back and look at why a conflicted judge has ordered me to have a gag order.”

READ MORE: ‘Rally Behind MAGA’: Trump Advocates Courthouse ‘Protests’ Nationwide

“I don’t think anybody’s ever seen anything like this,” Trump claimed, falsely implying no criminal defendant has ever had a gag order imposed on them previously. “I’d love to talk to you people, I’d love to say everything that’s on my mind, but I’m restricted because I have a gag order, and I’m not sure that anybody’s ever seen anything like this before.”

Trump then started to discuss the “articles” in his hand, what appeared to be dozens of articles he said had “all good headlines,” while implying they claimed “the case is a sham.”

Trump oversimplified the legal arguments attached to his gag order, as discussed with Judge Merchan Tuesday morning. The judge has yet to rule on prosecutors’ request to hold Trump in contempt.

“So I put an article in and then somebody’s name is mentioned somewhere deep in the article and I end up in violation of a gag order,” he told reporters, apparently referring to his posts on Truth Social with persecutes say violated his gag order. “I think it’s a disgrace. It’s totally unconstitutional. I don’t believe it’s ever – not to this extent – ever happened before. I’m not allowed to defend myself and yet other people are allowed to say whatever they want about me. Very, very unfair.”

“Having to do with the schools and the closings – that’s Biden’s fault,” Trump said, strangely, as if the COVID pandemic were still officially in process. “And by the way, this trial is all Biden, this is all Biden just in case anybody has any question. And they’re keeping me, in a courtroom that’s freezing by the way, all day long while he’s out campaigning, that’s probably an advantage because he can’t campaign.”

“Nobody knows what he’s doing. he can’t put two sentences together. But he’s out campaigning. He’s campaigning and I’m here and I’m sitting here sitting up as straight as I can all day long because you know, it’s a very unfair situation,” Trump lamented. “So we’re locked up in a courtroom and this guy’s out there campaigning, if you call it a campaign, every time he opens his mouth he gets himself into trouble.”

Watch below or at this link.

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News

Biden Campaign Hammers Trump Over Infamous COVID Comment

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April 23, 2024

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Four years ago today then-President Donald Trump, on live national television during what would be known as merely the early days and weeks of the COVID-19 pandemic, suggested an injection of a household “disinfectant” could cure the deadly coronavirus.

The Biden campaign on Tuesday has already posted five times on social media about Trump’s 2020 remarks, including by saying, “Four years ago today, Dr. Birx reacted in horror as Trump told Americans to inject bleach on national television.”

Less than 24 hours after Trump’s remarks calls to the New York City Poison Control Center more than doubled, including people complaining of Lysol and bleach exposure. Across the country, the CDC reported, calls to state and local poison control centers jumped 20 percent.

“It was a watershed moment, soon to become iconic in the annals of presidential briefings. It arguably changed the course of political history,” Politico reported on the one-year anniversary of Trump’s beach debacle. “It quickly came to symbolize the chaotic essence of his presidency and his handling of the pandemic.”

How did it happen?

“The Covid task force had met earlier that day — as usual, without Trump — to discuss the most recent findings, including the effects of light and humidity on how the virus spreads. Trump was briefed by a small group of aides. But it was clear to some aides that he hadn’t processed all the details before he left to speak to the press,” Politico added.

READ MORE: ‘Cutting Him to Shreds’: ‘Pissed’ Judge Tells Trump’s Attorney ‘You’re Losing All Credibility’

“’A few of us actually tried to stop it in the West Wing hallway,’ said one former senior Trump White House official. ‘I actually argued that President Trump wouldn’t have the time to absorb it and understand it. But I lost, and it went how it did.'”

The manufacturer of Lysol issued a strong statement saying, “under no circumstance should our disinfectant products be administered into the human body (through injection, ingestion or any other route),” with “under no circumstance” in bold type.

Trump’s “disinfectant” remarks were part of a much larger crisis during the pandemic: misinformation and disinformation. In 2021, a Cornell University study found the President was the “single largest driver” of COVID misinformation.

What did Trump actually say?

“And then I see the disinfectant, where it knocks it out, in a minute,” Trump said from the podium at the White House press briefing room, as Coronavirus Task Force Coordinator Dr. Deborah Birx looked on without speaking up. “Is there a way we can do something like that? By injection, inside, or almost a cleaning, ’cause you see it gets in the lungs and it does a tremendous number on the lungs. So it would be interesting to check that. You’re going to have to use medical doctors, right? But it sounds interesting to me.”

READ MORE: ‘Rally Behind MAGA’: Trump Advocates Courthouse ‘Protests’ Nationwide

Within hours comedian Sarah Cooper, who had a good run mocking Donald Trump, released a video based on his remarks that went viral:

The Biden campaign at least 12 times on the social media platform X has mentioned Trump’s infamous and dangerous remarks about injecting “disinfectant,” although, like many, they have substituted the word “bleach” for “disinfectant.”

Hours after Trump’s remarks, from his personal account, Joe Biden posted this tweet:

Tuesday morning the Biden campaign released this video marking the four-year anniversary of Trump’s “disinfectant” remarks.

See the social media posts and videos above or at this link.

READ MORE: ‘Election Interference’ and ‘Corruption’: Experts Explain Trump Prosecution Opening Argument

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News

‘Cutting Him to Shreds’: ‘Pissed’ Judge Tells Trump’s Attorney ‘You’re Losing All Credibility’

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6 hours ago

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April 23, 2024

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New York Supreme Court Judge Juan Merchan heard arguments in court Tuesday morning without the jury present after prosecutors in District Attorney Alvin Bragg’s office accused Donald Trump of violating his gag order ten times, via posts on his Truth Social account.

Judge Merchan did not rule from the bench, but is expected to announce his ruling possibly as early as later Tuesday. Prosecutors asked for Trump to be held in contempt, and outlined four possible responses. Merchan refused one response but agreed three were possible.

Among them, Merchan might fine Trump and issue a stern warning that could threaten jail time if he violates the gag order in the future.

From the bench, Merchan had directed attorneys to create a timeline of events to show if Trump was reacting to what the ex-president’s attorneys called “attacks.”

“We’re gonna take one at a time, otherwise it’s going to get really confusing,” Judge Merchan said to Trump lead attorney Todd Blanche, as Lawfare managing editor Tyler McBrien reports. McBrien noted the judge “wants to get the timeline of these posts, reposts, and replies clear.”

RELATED: Fox News Host Suggests Trump ‘Force’ Court to Throw Him in Jail – by Quoting Him

Trump’s attorneys appeared to suggest if his posts are “political” they should not be subjected to the gag order, which bars Trump from making “public statements about known or reasonably foreseeable witnesses concerning their potential participation in the investigation or in this criminal proceeding.”

“Blanche says that the witnesses are making money, documentaries, TV interviews about Trump, all while Trump is gagged and threatened with jail if he responds,” McBrien also reported. “Merchan wants to get into what was actually said rather than interpret and ‘read between the lines.'”

Blanche earlier had insisted Trump was aware of what the gag order requires.

“‘Just to set the record very straight and clear: President Trump does know what the gag order’ allows him to do and not do,” MSNBC contributor Adam Klasfeld reported.

One of the larger issues discussed appears to be Fox News segments made by host Jesse Watters. One aired hours before then-juror number two asked to be excused, saying they no longer felt they could be impartial.

RELATED: Judge Warns Trump to Not Incite Violence or Make Threats to Officials as Jr. Posts Link Featuring Photo of Judge’s Daughter

MSNBC’s Katie Phang posted this exchange between the judge and Trump’s lead attorney:

“Now, Merchan asks Blanche about what Jesse Watters, in fact, said.

Blanche: No.

Merchan: “So your client manipulated what was said and put it in quotes?

Blanche: I wouldn’t say it was a manipulation.

Merchan: This isn’t a repost at all. Your client had to type it out. Use the shift-key and all.”

It did not go well for Trump and his legal team.

At one point Judge Merchan told Blanche, “You’re losing all credibility.” McBrien reports when Merchan said that, “there was an audible gasp from the press.”

Former U.S. Acting Solicitor General Neal Katyal weighed in:

“This isn’t quite like watching a full blown car accident, but it’s certainly like watching a fender bender,” McBrien also noted.

“This is going very badly for Trump already,” reported Courthouse News’ Erik Uebelacker. “Judge Merchan is losing his patience with Blanche, who can’t seem to prove that any of Trump’s attacks are ‘responses.'”

Attorney George Conway went further: “Blanche is flailing. This is painful to watch. Merchan is cutting him to shreds.”

Continuing, Conway wrote (not in quotation marks) Merchan said: “I’ve asked you several times to show me the post that the defendant was responding to. You haven’t done so once.”

He called the judge’s remark “BRUTAL.”

READ MORE: ‘Rally Behind MAGA’: Trump Advocates Courthouse ‘Protests’ Nationwide

“Basically, Blanche is pretty much arguing there’s a ‘running for president’ exception to the gag order that has been specifically directed at the man running for defendant,” Conway adds. “Merchan now getting pissed at Blanche’s unresponsiveness and evasiveness.”

Klasfeld also characterized the exchanges as “brutal.”

“Merchan says he’s going to ‘reserve decision on this,’ after brutal arguments for the defense.”

Trump has been criminally indicted in four separate cases and is facing a total of 88 felony charges, including 34 in this New York criminal trial for alleged falsification of business records to hide payments of hush money to an adult film actress and one other woman, in an alleged effort to suppress their stories and protect his 2016 presidential campaign, which could be deemed election interference.

Image via Shutterstock

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